Evidence at Trial

SEPTEMBER 9, 2024

Both the Federal Rules and California's Evidence Code define hearsay as a "statement" that is "offered to prove the truth of the matter" either "stated" (California) or "asserted" (Federal). And on most occasions, hearsay involves a "statement" as that term is generally understood. the existence of a headache] asserted.”

Hearsay Rule 52

Hearsay Rule Witnesses Evidence 52

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Judicial notice?

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

DECEMBER 17, 2021

But this general rule of admissibility does not apply if the court finds either (1) a genuine dispute exists concerning material terms of the writing and justice requires its exclusion, or (2) admission of the secondary evidence would be unfair. Id , §1521(a)(1), (2).

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Evidence at Trial

APRIL 7, 2023

Code § 1200 ("'Hearsay evidence' is evidence of a statement that was made other than by the witness while testifying."). A common exception to the hearsay rule in California (and considered "not hearsay" in federal court) is the party admission. So is the evidence inadmissible?

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52